Opening and clos ing of polls; canvass of votes; of vote. § 10. The polls of the charter election in the several election districts shall open and close at the hours provided by statute for the opening and closing of the polls at general elections. statement Upon the completion of the canvass of the vote in each election district, the inspectors thereof shall cause a separate statement of all votes received for city and ward officers to be made in detail, and shall sign, certify and seal the same. Within twenty-four hours after closing the polls, they shall file the same in the office of the city clerk. Common shall determine result of election. When special elections shall be common council. § 6. Section eleven of chapter fifty-three of the laws of eigh teen hundred and seventy-nine as amended by chapter five hun dred and twenty of the laws of eighteen hundred and ninety-six is hereby further amended to read as follows: § 11. The city clerk shall present such sealed statements to the common council at its first regular meeting, held after they are filed in his office, and said council shall thereupon forthwith determine and declare who are, by the greatest number of votes, elected at such charter election to the several city and ward offices, and shall make and sign certificates thereof in duplicate, one of which, shall be filed in the office of the city clerk, and the other in the office of the clerk of Cayuga county. § 7. Section thirteen of chapter fifty-three of the laws of eighteen hundred and seventy-nine, as amended by chapter five hundred and twenty of the laws of eighteen hundred and ninety-six, and chapter three hundred and forty-eight of the laws of eighteen hundred and ninety-nine is hereby further amended to read as follows: § 13. If at any election held under and authorized by this act, any two persons shall receive an equal number of votes for the ordered by office of mayor, president of the common council, city clerk, city treasurer, recorder, city judge, justice of the peace, assessor, alderman or supervisor, the common council shall at its first regular meeting after such election, order a special election; if a vacancy shall occur in the office of alderman or supervisor, the common council shall order a special election to fill such vacancy for the unexpired term; if at any election, held under this act, two persons shall receive an equal number of votes for any office other than those above mentioned, the city clerk shall by lot, determine such election between the several candidates, in the presence and under the direction of the common council, at a regular meeting thereof. § 8. Section sixteen of chapter fifty-three of the laws of eighteen hundred and seventy-nine as amended by chapter five hundred and thirty-six of the laws of eighteen hundred and ninety-five is hereby further amended to read as follows: to office. § 16. No person shall be eligible to any office mentioned in Eligibility this title, unless he shall be a resident elector of said city, nor to the office of alderman or supervisor unless he be a resi dent elector of the ward for which such officer is to be chosen; and whenever any person elected to any ward or city office shall cease to be a resident elector of the city or of the ward, for which he shall have been elected, he shall be deemed thereby to have vacated his office, and the common council shall so declare. No person elected or appointed to any office created by this act, or by any special act relating to the city of Auburn, shall be eligible, or be elected or appointed, to any other municipal office in said city of Auburn, during the time such person may serve under such election or appointment. This provision shall not be construed as prohibiting or disqualifying the mayor from acting as a member of such municipal boards as he is made ex officio a member of. § 9. Section eighteen of chapter fifty-three of the laws of eighteen hundred and seventy-nine is hereby amended to read as follows: council, sec- how con stituted; aldermen. § 18. The president of the common council and the alder- Common men shall be the common council; except that in every tion of this act where the words "common council" are used, powers of relating to appointments or removals the aldermen shall constitute the common council and the members thereof. The alder men shall attend the meetings of the common council and act upon committees, when appointed, and possess such powers as are conferred by general law upon aldermen of cities. § 10. Section twenty of chapter fifty-three of the laws of eighteen hundred and seventy-nine is hereby amended to read as follows: meetings council, by § 20. Special meetings of the common council may be called at Special any time by the mayor, president of the common council, or three of common of the aldermen; the call for such meetings when duly signed shall whom be filed in the office of the city clerk. called. Rules of common council; qualification of its members; quorum, etc. Each member one vote. § 11. Section twenty-three of chapter fifty-three of the laws of eighteen hundred and seventy-nine, is hereby amended to read as follows: § 23. The common council shall determine the rules of its proceedings (except as otherwise in this act provided) and provide for the enforcement thereof. It shall be judge of the election and qualification of its own members and have power to compel their attendance; and a majority of its members shall be a quorum for the transaction of business. § 12. Section twenty-four of chapter fifty-three of the laws of eighteen hundred and seventy-nine as amended by chapter five hundred and thirty-six of the laws of eighteen hundred and ninety-five is hereby further amended to read as follows: § 24. Each member of the common council shall have one shall have vote except that on a motion, resolution or ordinance, the president of the common council shall only vote when the votes of the other members present and voting are tied. Removals from office. Appoint ment of city officers; terms of office. § 13. Section twenty-seven of chapter fifty-three of the laws of eighteen hundred and seventy-nine as amended by chapter five hundred and thirty-six of the laws of eighteen hundred and ninety-five, and chapter three hundred and forty-eight of the laws of eighteen hundred and ninety-nine is hereby further amended to read as follows: § 27. Any person appointed to office under the provisions of this act by the common council may be removed at any time by the concurring vote of seven members of said common council. § 14. Section twenty-nine of chapter fifty-three of the laws of eighteen hundred and seventy-nine as amended by chapter two hundred and fifty-five of the laws of eighteen hundred and eightyfive; chapter one hundred and ninety-nine of the laws of eighteen hundred and eighty-nine; chapter five hundred and twenty of the laws of eighteen hundred and ninety-six; chapter one hundred and seventy-two of the laws of eighteen hundred and ninety-seven; chapter three hundred and forty-eight of the laws of eighteen hundred and ninety-nine and chapter four hundred and ninetyeight of the laws of nineteen hundred and two is hereby further amended to read as follows: § 29. At the first regular meeting in January, following its election, the common council shall appoint by ballot, a city attorney; a city engineer; ten commissioners of deeds; one or more scavengers and a sidewalk inspector, who shall hold office for two years and until their successors are appointed and qualify unless sooner removed by the common council. The common council shall appoint a keeper of the city hall and a city sexton when a vacancy occurs in either office, at its next meeting after said vacancy occurs. On the first Monday of January following his election the mayor shall appoint a commissioner of charities, a commissioner of police, a street superintendent, a comptroller, and three park commissioners who shall each hold office during the term of office of the mayor and until their successors are appointed and qualify, unless sooner removed by the mayor. On the first Monday in January of each year, the mayor shall appoint a fire commissioner, who shall hold office for three years and until his successor is appointed and qualifies, unless sooner removed by the mayor. The resignation, removal or ceasing to be a resident of said city, or death of any of said officers, shall create a vacancy which the common council or mayor, respectively, shall fill for the unexpired term. Upon the day this act takes effect the mayor shall appoint a comptroller, a commissioner of police, a commissioner of charities and three park commissioners who shall hold office during the unexpired term of said mayor and until their successors are appointed and qualify, unless sooner removed by the mayor. Upon the day this act takes effect the common council shall appoint a city engineer who shall hold office during the term of said common council and until his successor is appointed and qualifies unless sooner removed by the common council. §15. Section thirty of chapter fifty-three of the laws of eighteen hundred and seventy-nine as amended by chapter two hundred and fifty-five of the laws of eighteen hundred and eighty-five; and chapter one hundred and ninety-nine of the laws of eighteen hundred and eighty-nine is hereby further amended to read as follows: § 30. The common council may prescribe duties other than those specified by this act or by general or special statute for the officers named in this act. It shall also upon recommendation of the board of estimate and control fix all salaries and compensation of all persons in the service of the city (except the laborers in the street department and all persons employed by the board of education and water board); but no salary or compensation shall be raised except by a two-thirds vote of the common council. Duties and com pensation of officers. Members of common concil shall not be appointed to office, or be in terested in city contracts, etc. Publica tion of etc. § 16. Section thirty-two of chapter fifty-three of the laws of eighteen hundred and seventy-nine is hereby amended to read as follows: § 32. No member of the common council shall be appointed to any office, nor shall any member of any department or of the common council, or any other city officer or employee, or member of a board of commissioners, be interested in any contract, directly or indirectly, in which the city is a party; Neither shall any of the said members of the common council, officers or employees furnish, directly or indirectly, to the city for its use in any of its departments, goods, wares, merchandise, teams, labor, services, materials or sup plies, nor be interested, directly or indirectly, in any bill or claim therefor, under the penalty of the forfeiture of his office and the loss of his claim. § 17. Section thirty-four of chapter fifty-three of the laws of eighteen hundred and seventy-nine is hereby amended to read as follows: § 34. Unless the common council shall otherwise direct, every dinances, ordinance, by-law or regulation imposing fine or imprisonment, or both such fine and imprisonment, shall be published three times in two daily newspapers of said city before the same shall take effect; but whenever the common council shall so direct, an ordinance, by-law, or regulation shall take effect from the day of the first publication thereof; an affidavit of such publication, made by the printer, publisher or foreman, shall be filed in the office of the city clerk, and the same, or a copy thereof, certified by said city clerk shall be presumptive evidence in all courts or places of the legal promulgation of such ordinance, by-law or regulation. Resolu tions shall be sub mitted to mayor. § 18. Section thirty-five of chapter fifty-three of the laws of eighteen hundred and seventy-nine as amended by chapter two hundred and fifty-five of the laws of eighteen hundred and eightyfive; and chapter one hundred and ninety-nine of the laws of eighteen hundred and eighty-nine is hereby further amended to read as follows: § 35. Every resolution passed by the common council shall, by the city clerk within twenty-four hours, be submitted to the mayor, who shall, within six days after such submission, express in writ ing his approval or disapproval of the same. In case the mayor |